Immigration Law Miami Florida

11/24/2022

Happy Thanksgiving

11/20/2022

This week, Arizona voters passed Proposition 308, which will allow undocumented students in the state to pay in-state tuition rates at public universities and colleges if the attended high school in Arizona for at least two years.

Arizona now joins more than 20 states that recognize the financial hardship that out-of-state tuition imposed on young, undocumented immigrants.

This fact sheet from the American Immigration Council examines how granting in-state tuition rates to all Arizona graduates will help fill critical workforce needs and boost the state’s economy.

11/17/2022

The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries will be published in the Federal Register on Nov. 10, 2022.

Effective Nov. 10, 2022, the secretary of homeland security, with the concurrence of the secretary of state, has decided to:

Add the Kingdom of Eswatini (Eswatini) to the list of countries eligible to participate in the H-2A and H-2B programs.
DHS maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

11/11/2022

11/03/2022

Labor certification- employment based green cards double previous years

Immigration announced there were 281,507 employment based cards for this year

This is more than double the typical annual total – due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal year’s available employment-based visas.

By the end of the fiscal year on Sept. 30, 2022, - all visas were issued.

Immigration agencies granted 220,000 employment-based adjustment of status applications for individuals already present in the United States.

11/03/2022

🇺🇸Immigration just released the updated Form to exempt an applicant from having to take the Citizenship Test.

🇺🇸This form should be easier for medical professionals to complete and more fair for applicants to certify that they’re unable to take the citizenship test because of medical disability.

🇺🇸A medical professional should complete your Form N-648 no more than 180 days before you file your naturalization application.

🇺🇸Please contact our office for more information on how to apply for citizenship and cases where individuals cannot prepare for or take the citizenship test.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📍
333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

11/03/2022

🔵Immigration is extending deadlines for replying on certain notices because of COVID.

🇺🇸Immigration is providing an additional 60 days after the due date if the request or notice was issued between March 1, 2020, and Jan. 24, 2023,
including the following:

➡️Requests for Evidence;
➡️Continuations to Request Evidence (N-14);
➡️Notices of Intent to Deny;
➡️Notices of Intent to Revoke;
➡️Notices of Intent to Rescind;
➡️Notices of Intent to Terminate regional centers;
➡️Notices of Intent to Withdraw Temporary Protected Status;
➡️Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

🔵In addition, USCIS will consider Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

➡️The form was filed up to 90 calendar days from the issuance of an Immigration decision; and
➡️Decision was made between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

Call our office for more information

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

11/03/2022

🔵Expedited Employment Authorization for Healthcare and Childcare Workers🔵

If you are a healthcare worker or a childcare worker who has a valid immigration status and has an initial or renewal for Employment Authorization (Form I-765), that has been pending for over 90 days, you can request expedited processing.

🔵Do You Qualify?

To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9)
To determine whether you are a qualifying childcare worker, see the U.S. Department of Labor’s Standard Occupational Classification (SOC) code 39-9011, which includes workers who “attend to children at schools, businesses, private households, and childcare institutions” and “perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play.”
(Note that this definition does not include preschool teachers or teaching assistants.)

🔵Call our office for more information if you fall into one of these categories.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

11/03/2022

🇺🇸Some J-1 exchange visitors and F-1 students are seeing their SEVIS Records erroneously terminated due to a Change of Status adjudication by USCIS, when, in fact, there was a “Consular Notification” decision instead.

Those affected F-1 or J-1 status holders should request that their schools’ DSOs/AROs or program officers reach out to the SEVIS Help Desk at USICE/SEVP to have this mistake corrected.
The DSO/ARO or program officer can send a PDF of the approval notice showing Consular Notification to the SEVIS Help Desk along with the request to correct the error in the SEVIS Record.

For more info please contact our office

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131